Returning to work after maternity leave comes with specific legal protections designed to make sure you come back to broadly the same role and terms you left. This guide explains those rights for 2026/27, including notice requirements and redundancy protection.
The Right to Return
If you return after ordinary maternity leave (broadly the first 26 weeks), you are entitled to return to exactly the same job on the same terms and conditions as before you left. If you take the full 52 weeks including additional maternity leave, you are still entitled to return to the same job unless it is not reasonably practicable, in which case a suitable and appropriate alternative role on no less favourable terms must be offered.
Your continuity of employment is preserved throughout maternity leave, meaning your length of service is treated as continuing, which matters for calculating notice entitlement, redundancy pay and other service-related rights.
Notice and Timing of Return
Unless you tell your employer otherwise, you are assumed to be returning at the end of your full maternity leave entitlement, so if you want to return earlier, you generally need to give your employer a set minimum notice period of the earlier date, allowing them time to plan.
If you want to change your planned return date, whether earlier or to use remaining leave differently, notify your employer as soon as reasonably possible, since short-notice changes can be harder for a business to accommodate even though the underlying right to return is protected.
Redundancy Protection During and After Leave
Employees on, or recently returned from, maternity leave have enhanced redundancy protection: if a redundancy situation arises during this protected period, you generally have the right to be offered any suitable alternative vacancy ahead of other employees at risk of redundancy, rather than simply competing for it on equal terms.
Being selected for redundancy because of pregnancy, maternity leave, or a related reason is automatically unfair dismissal and can also amount to unlawful discrimination, giving significantly stronger protection than an ordinary redundancy selection process.
Frequently Asked Questions
Am I guaranteed my exact old job back after maternity leave?
If you return after ordinary maternity leave (broadly the first 26 weeks), yes, you have the right to return to exactly the same job. After the full 52 weeks including additional leave, you are still entitled to the same job unless it is not reasonably practicable, in which case a suitable alternative role on no less favourable terms must be offered instead.
How much notice do I need to give to return early from maternity leave?
A set minimum notice period generally applies if you want to return before the end of your full maternity leave entitlement — check your contract and current statutory notice requirements, and inform your employer as early as possible even if you are not certain of the exact date.
What if my job no longer exists when I want to return?
If your specific role has genuinely disappeared for a business reason unconnected with your maternity leave, you should still be offered a suitable alternative role on no less favourable terms, and if a genuine redundancy situation applies, you generally have priority for any suitable alternative vacancy over other at-risk employees.
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Can I be made redundant while on maternity leave?
A genuine redundancy can still occur, but employees on maternity leave have enhanced protection, including a priority right to any suitable alternative vacancy, and selecting someone for redundancy because of pregnancy or maternity leave is automatically unfair and potentially discriminatory.
Does my continuity of employment continue during maternity leave?
Yes — your period of maternity leave counts towards your continuous employment, so your length of service for calculating things like notice entitlement and redundancy pay is not broken or reduced by taking maternity leave.
Can I request flexible working when I return from maternity leave?
Yes, flexible working requests are a day-one right for employees generally, so you can make a request when you return from maternity leave in the same way as any other employee, and many parents use this route to negotiate revised hours or a hybrid pattern.
Can I combine maternity leave with shared parental leave to change my return date?
Yes — if you and your partner are eligible, you can curtail (end early) your maternity leave and pay and switch the remaining balance into Shared Parental Leave, which lets you split time off and return to work at a date that suits your household rather than sticking to the original maternity leave end date.
Am I protected from unfavourable treatment after I return, not just during leave?
Yes — protection does not end the moment you walk back through the door. Treating you unfavourably because you took maternity leave, for example being overlooked for promotion, given a worse workload, or excluded from opportunities you would otherwise have had, can amount to unlawful maternity/pregnancy discrimination.
What happens to my pension and other contractual benefits while I am on leave and after I return?
Your employment terms, including pension contributions based on your normal pay and other non-pay contractual benefits, generally continue to accrue during maternity leave (with employer pension contributions maintained even during any unpaid additional leave), and you return to those terms unaffected on the same basis as before you left.
Do I need to give my return-to-work date in writing?
It is not usually a strict legal requirement to confirm your return date in writing, but doing so by email or letter is strongly recommended, since it creates a clear record of the agreed date and reduces the risk of any dispute with your employer about notice given.
Can my employer refuse a flexible working request I make on return?
An employer can refuse a flexible working request, but only for one of the specified business reasons set out in law (such as burden of additional costs or inability to reorganise work), and they must consider the request reasonably and respond within the statutory decision period.
Disclaimer: This guide reflects UK rules as they generally apply in 2026/27. This guide is for general information only and is not professional advice. Consult a qualified adviser and refer to gov.uk for current official guidance before relying on any treatment.
